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The following is a letter I just wrote to the Fish and Wildlife service at contact@fws.gov regarding this article in the New York Times. Since that article will probably be archived and unavailable soon, read this Yahoo! news coverage.

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Hello,

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I am writing to ask if someone within the Department of Interior is investigating what appears to be a clear violation of Federal Law, 16 U.S.C. Sec. 703, the Migratory Bird Treaty, which occurred at 927 Fifth Avenue New York, New York on or about Tuesday, December 7, 2004.

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As the New York Times reported today, the nest of a pair of red-tailed hawks was removed yesterday by workers employed by the apartment building at the above address. See, NY Times Dec. 8, 2004, NY Region section, “New York Celebrities Evicted on Fifth Ave., Feathers and All” By Thomas J. Lueck.

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The Migratory Bird Treaty provides, in relevant part, “it shall be unlawful at any time, by any means or in any manner, to…take…attempt to take…transport or cause to be transported, carry or cause to be carried…any migratory bird, any part, nest, or egg of any such bird… included in the terms of the [treaty].”

It was also decided in United States v. Blanket, 391 F. Supp. 15 (W.D.Okl. 1975) that the red-tailed hawk was included within the terms of the Migratory Bird Treaty due to its inclusion through a supplemental agreement of March 10, 1972 between the President of the United States and the President of Mexico. Id. at 18.

Finally, 16 U.S.C. Sec. 706 provides that any employeee of the Department of the Interior, authorized by the Secretary of the Interior, shall have the power to execute a warrant issued for the enforcement of the treaty, and that a Federal judge may issue a search warrant, upon a showing of probable cause, which Interior employees may execute.

I would recommend that the Department seek such warrants immediately, as evidence of the nest’s destruction may no longer be present if not discovered quickly. Witnesses were apparently interviewed for the New York Times article cited above, and their testimony and cooperation should also be promptly sought.

I hope that the Department of Interior agrees with me that those responsible for this crime should be punished to the full extent allowed by law. It would be my hope that the Department would begin coordinating with the United States Attorney’s Office on this matter immediately.

Thank you for any information you may be able to provide about this.

Brian W. Carver
UC Berkeley School of Law (Boalt Hall), Class of 2006

I’ll let you know if I hear anything. Learn more about Pale Male, the hawk whose nest was destroyed, at his website.

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